Falling Cargo Truck Accidents

Florida truck accidents caused by falling cargo can inflict catastrophic injuries and lead to multi-car pile-ups as drivers try to avoid collisions.

Summary

• Shifting or falling cargo from trucks can cause collisions, resulting in severe injuries. 
• Typical truck accident injuries include traumatic brain injuries, spinal cord injuries, broken bones, internal damage, and soft tissue injuries.
• Truck accidents are often due to improper cargo loading practices, such as stacking cargo too high, allowing uneven weight distribution, and using faulty restraints.
• Liability can extend to truck drivers, trucking companies, cargo loaders, and manufacturers of faulty equipment.
• Truck accident victims have up to two years to file a personal injury lawsuit, with different timelines for wrongful death and cases involving government entities.

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When cargo falls off of a semi-truck, it can directly hit other motorists or force them to swerve out of the way, which can lead to collisions. Additionally, the truck driver may lose control of their rig, increasing the risk of an accident.

The attorneys with Jones Law Group have extensive experience representing clients injured in truck accidents caused by falling or shifting cargo. We’re ready to work to help you get every dollar you deserve from those whose negligence led to your suffering.

Schedule a free consultation by calling (727) 571-1333 or contacting us online. Our Florida truck accident attorneys will carefully evaluate your case and help you decide your next actions.

The Impact of Falling Cargo Truck Accidents in Florida

According to a Federal Motor Carrier Safety Administration (FMCSA) truck accident causation study, about 10,000 accidents occurred due to shifting or loose cargo over three years. The FMCSA reports that cargo issues accounted for 7% of all truck accidents during that time.

In 2019, 25 people died, and 115 suffered incapacitating injuries in Florida truck accidents. Thankfully, none of those fatalities resulted from the 655 accidents attributed to cargo shifts. However, five people suffered catastrophic injuries.

How Does Shifting or Falling Cargo Cause a Truck Accident?

As you can see, falling cargo truck accidents can have severe consequences. They’re also preventable. These accidents occur when the cargo a commercial truck transports shifts, falls, or becomes dislodged during transit, posing a risk to other vehicles, pedestrians, and the truck itself. 

A truck’s cargo can come loose during transport in many ways. These are some of the more common ones: 

Loss of Balance and Stability

When cargo shifts or falls within a truck, it disrupts the equilibrium of the vehicle. The truck’s center of gravity can change abruptly, causing it to become unbalanced. This imbalance affects the truck’s stability, making it challenging for the driver to control the vehicle’s movements.

Tipping Over

If the cargo’s weight shifts to one side, it can lead to the truck tipping over. This is particularly hazardous when the truck is navigating turns or curves. The centrifugal force generated during these maneuvers can amplify the imbalance caused by the shifting cargo, resulting in rollovers.

Jackknifing

When the cargo suddenly moves, the trailer might skid sideways while the cab continues moving forward. This creates an angle between the two components, a type of truck accident scenario known as jackknifing. Jackknifing can result in the truck becoming uncontrollable, often leading to collisions with other vehicles or obstacles.

Collisions with Other Vehicles or Objects

Falling cargo poses a grave danger to other road users. The cargo can collide with nearby vehicles, pedestrians, or infrastructure, causing accidents and injuries. Large and heavy cargo falling onto the road can block lanes and create hazardous conditions for other drivers.

Common Causes of Falling Cargo Truck Accidents

The people responsible for loading a truck’s cargo must take extreme care to ensure the cargo doesn’t come loose. When they fail, the results can be horrible. Additionally, they can be held responsible in a truck accident claim for the injured party’s damages.

Here are some of the reasons falling cargo accidents occur:

Stacking Boxes Too High

When cargo is loaded too high in the truck, it raises the vehicle’s center of gravity. This increased height makes the truck more susceptible to tipping over, especially when making turns or encountering uneven terrain.

Not Distributing Cargo Weight Evenly

Uneven weight distribution can lead to an unequal distribution of forces on the tires and suspension. This imbalance can compromise the truck’s stability and handling, potentially causing accidents.

Not Properly Securing the Load

If cargo isn’t correctly secured using restraints, straps, or other means, it can shift during transit. Sudden weight shifts can affect the truck’s balance, leading to loss of control and accidents.

Faulty Cargo Restraints

Cargo restraints, such as straps or chains, must be in good condition to effectively secure the load. If these restraints are defective, worn-out, or improperly fastened, they may fail to hold the cargo in place, causing it to fall or shift.

Typical Injuries in a Falling Cargo Truck Accident

Falling cargo truck accidents can have devastating consequences, resulting in serious injuries and even fatalities. Common injuries include:

Traumatic Brain Injuries (TBIs): Impact from falling cargo or vehicle parts in an accident can cause traumatic brain injuries, ranging from mild concussions to severe brain damage. Symptoms of TBIs can include headaches, dizziness, confusion, memory loss, and difficulty concentrating.

Spinal Cord Injuries: Truck accidents can also cause spinal cord injuries, leading to paralysis or loss of sensation. These injuries can be catastrophic and have long-lasting effects on a person’s life.

Broken Bones: Fracture injuries in various parts of the body, including the arms, legs, pelvis, and ribs are very common. Broken bones can be painful and may require surgery or immobilization.

Internal Injuries: Impact from the falling cargo or the vehicle itself can cause internal bleeding or damage to organs, such as the liver, spleen, or lungs. These injuries may not be immediately apparent and that is why seeking urgent medical attention even if you feel fine at the moment is critical.

Soft Tissue Injuries: Soft tissue injuries can include sprains, strains, and contusions. These injuries may lead to pain, swelling, and limited mobility.

Who’s Liable for a Truck Accident Caused by Falling Cargo?

Most personal injury cases can be complicated. But a truck accident is one of the most complex because several parties typically play a role in causing it. These are some of the parties that could face liability in a commercial truck accident caused by loose cargo.

• The truck driver: The truck driver must ensure the cargo is loaded and secured correctly. Failing to carry out these duties can make the driver liable for any accidents resulting from falling cargo. The driver could also lose their job.
• The trucking company: Federal law clearly states that cargo must be secured appropriately. If the trucking company ignores the law or encourages unsafe loading practices, they may share liability for the accident.
• Cargo loaders: Individuals responsible for loading the cargo must ensure it’s balanced and secured according to safety guidelines. Negligence in properly loading and securing the cargo can lead to liability.
• Manufacturers: If the cargo restraints were defective due to manufacturing flaws, the manufacturer might be held accountable for the accident.

Types of Evidence Used to Prove Fault in a Falling Cargo Case

The stronger your evidence, the better your chances of getting the money you have coming. Some of the types of evidence we use at the Jones Law Group to prove liability include the following:

• Eyewitness accounts: Witnesses who observed the accident can provide crucial details about how the cargo shifted, fell, or caused the accident.
• Accident scene analysis: Careful examination of skid marks, debris patterns, and the positioning of vehicles can help reconstruct the sequence of events that led to the accident.
• Cargo loading records: Documentation detailing how the cargo was loaded, secured, and distributed can demonstrate whether workers followed proper loading procedures.
• Truck maintenance records: Maintenance logs can reveal whether equipment failures, such as brakes or suspension, contributed to the accident.
• Surveillance footage: Video footage captured by traffic cameras, nearby businesses, or dashcams can provide visual evidence of the incident, aiding in determining fault.

Obtaining the critical evidence mentioned above would be challenging for a non-lawyer. This is one of the many reasons you’ll need to hire an attorney as soon as possible.

The earlier you do so, the better the chances you’ll have the proof you need to obtain maximum compensation. Fast action will be a must. If you wait too long to get legal help, that evidence could disappear forever.

How Long Do I Have to File a Truck Accident Lawsuit?

In Florida, you generally have two years to file a personal injury lawsuit.

However, if you are planning to sue a government entity, you will follow a different process. You must first give them written notice and allow for a 180-day investigation. If they reject your claim, you have three years from the date of the accident to file a lawsuit.

For wrongful death cases, families typically have two years from the date of death to take legal action. It is very critical to pay attention to these legal timelines to avoid getting barred from securing your claim. 

It is advisable to consult an experienced Florida truck accident attorney for easy compliance with all legal requirements and timelines as you focus on your recovery.

What Kinds of Damages Can I Seek for a Falling Cargo Truck Accident Claim?

The type of damages that one can seek will differ from case to case depending on injury or loss suffered. Generally, you can claim compensation for both non-economic and economic damages.

Economic Damages for Financial Losses

• Medical expenses: This includes costs for doctor’s visits, hospital stays, surgeries, medications, medical equipment, and rehabilitation therapies.
• Rehabilitation and physical therapy: You can seek compensation for the costs you have incurred for physical therapy, occupational therapy, and other rehabilitation services to help you recover from your injuries.
• Nursing care: If you require home health care or nursing home care due to your injuries, these costs can be included in economic damages.
• Lost wages and income: Compensation for the income you’ve lost as a result of the accident, including both past and future earnings.
• Diminished earning capacity: If your injuries have reduced your ability to earn a living in the future, you may be entitled to compensation for that.
• Property damage: This includes the cost to repair or replace your vehicle, as well as any other property damaged in the accident.
• Out-of-pocket expenses: This can include costs for travel, parking, and other expenses related to the accident.

Non-Economic Damages for Intangible Costs

• Pain and suffering: You can claim compensation for the physical and emotional pain you’ve experienced due to the accident.
• Decreased quality of life: Compensation for the reduced quality of life you now experience as a result of your injuries. This may include limitations on activities you used to participate in or changes to your daily routine.
• Loss of Consortium: If you are married or in a committed relationship, you may be able to claim compensation for the loss of companionship, love, and affection due to your injuries.
• Disfigurement: If the accident has left you with visible scars or disfigurement, you may be entitled to compensation for the physical and emotional impact
• Disability: While disability can have financial consequences, such as lost wages or increased medical expenses, the core loss is the impairment of a person’s physical or mental abilities which may affect quality of life.

A Florida car accident attorney can help you determine what damages you qualify for and the kind of evidence you need to sufficiently prove them.

What to Do After a Florida Truck Accident

To ensure your safety and secure your legal rights, follow these steps when involved in a truck accident:

1. Call the police and emergency services as soon as possible. Reporting the accident to the police is important for the official record.
2. If possible, gather as much evidence as you can. This includes taking photos of the vehicles, the damage caused, the accident scene, and anything relevant to document what happened. It will be helpful when proving your claim and determining fault where it is easily apparent.
3. Seek medical attention even when the injuries seem negligible. Some injuries such as internal bleeding or tissue damage may not be immediately noticeable, so seek medical help even if you feel fine.
4. Exchange contact information with the other driver(s) involved, including their name, address, company name, license, truck plate number, insurance company name, and policy number.
5. If possible, ask for contacts of several witnesses at the scene. Eye-witness statements can be used as evidence to support your claim.
6. Contact your truck accident attorney to discuss the next legal steps you need to take.

How Can Jones Law Group Help You?

If you were involved in a falling cargo truck accident, seeking legal representation is crucial. The Jones Law Group specializes in personal injury cases and has experience dealing with complex truck accident cases. 

Our attorneys can assist you in gathering evidence, investigating the accident, determining liability, and pursuing compensation for your damages. These are losses such as medical expenses, lost wages, pain and suffering, and others.

Please don’t hesitate to use our online form or call (727) 571-1333 for a free evaluation of your case